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Home My WebLink AboutRESPONSE - RFP - P1093 HEARING OFFICER - LAND USE PLANNINGRiCIIAitu V LOPE/ A saw LV At LAW 4450 Arapahoe Avenue Boulder, Colorado 80303 LOPEL, LAW OFFICE November 30. 2007 James B O'Neill Duector of Puic hasuig and Risk Management City of Fort Collins 215 North Mason Street P O Box 590 Fort Collins CO 80522-0580 RE 1)1093 Hearing Officer -Land Use Planning Dear Mr O'Neill (303) 4152585 1Av(303)415-0932 e-mail rvlopei a aol Qom I am pleased to submit this letter of interest and accompanying documents for consideration for the Hearing Officer Service Contract Lnclosed Vou will find my resume and a completed bid form 1 am in attorney licensed to piactice in Colorado since 1992 1 am also a city planner who has worked in both the public and private scoots since 1974 As both a uulent planner and long range planner for the City of BOuldei. I am quite familiar with codes, regulations and policies As a private planning consultant. I've represented pr ivatc property owners in various planning matters rezonings, site plans, annexations, subdn rsions, etc ) More recently. I've served is a member ofthe Boulder Planning Board and City Council as Deputy Mayor As an appointed and elected official, 1 interpreted and applied land use iegulations, codes and statutes to numerous projects I've participated in public hearings for many years As a decision maker I typically explained my votes so that the applicant understood and appreciated the reasoning and basis for my voles, even if the vote was not supportive to their plan My ability to analyze and inter prct codes is strong and proven I've been called onto make decisions based on land use code criteria and policies In addition I've made presentations to planning commissions and city councils on behalf of many clients In sum, I've been on all sides Of' planning issues (staff planner, planning consultant, planning board member and city council decision maker) Visioning the New Century Graduate. Co -Chair. Boulder Valley School District, (2001 - 2002) Foundation for Boulder Valley Schools, Co -Chair of Impact Awards program (2000 to present) Boulder Mante Sister City Board of Directors (2000 to present) Board of Directors of The Dairy (2000 to 2001) Boulder Urban Renewal Authority (1997 to 2001) Downtown Boulder Business Impiovemcnt District (2000 to present) Santa Claus, Pi Beta Phi Soioi rty I-IOirSe (1997 to present) bi-lingual Santa to Friday sessions when children from area 1-lead Start schools attend for Free CU Fine Aits Gallery Advisory Board (1999 to present) Boulder Valley Humane Society Advisory Board (1999 to present) Multi -Cultural Advisory Board. Boulder County Aids Protect (1999 to present) City of Boulder Planning Board, January 1996 to November 1997 Public Policy Committee Chairman (1990-91) Board of Directors (1997) Colorado Hispanic Bai Association Solar Energy Advisory Group to the Colorado Office of Energy Consei vation, 1986 Duector at Large Colorado Open Space Council 1980 Advisory Board of the Boulder Energy Conservation Center Vice President. Architects and Planners of Boulder Vice Chan, Board of Directors, Nancy Spanier Dance Theatre of Colorado REFERENCES AVAILABLE ON REQUEST 5 As an trial attorney whose practice involves civil litigation, I work in a stresslid environment, both preparing for trial and settlement simultaneously 1 prepare and file trial briefs, motions and proposed orders on a regular basis in my practice These pleadings arc similar to the written decisions that a Hearing Office prepares My cases involve interpreting land use iegulatiom5, comprehensive plan polices. codes and statutes Sincerely, Pichai V Lbpez RV I,/mt enclosures PROPOSAL TO PROVIDE HEARING OMCER SERVICES FOR LAND USE CODE ISSUES Submitted by Richard V Lopez, I opez Law Office 4450 Arapahoe Avenue, Suite 100 Boulder, CO 80303 303-415-2585 (office) 303-415-0932 (fax) Rvlopez rr aol corn SCOPE This proposal to conduct Type 1 administrative hearings referred to a Hearing Officer by the Director The application requirements should provide the bulk of the evidentiary material needed to make a determination, Thepubhc hearings will be useful in clarifying any of the evidentiary mateual and effectively providing the applicant their "day in court " As stated in the RFP, the purpose of Type 1 hearing is to determine if relevant criteria, applicable to the proposed land use, have been satisfied Although most of the evidentiary material may be in written form I believe site visits may be beneficial in many cases PERSONNEL Richard V Lopez will serve as the Hearing Officer under this proposal As a trial attorney, I have regularly practiced in Colorado District and County Courts and understands the judicial hearing process Evidence and testimony are important components of the decision making process In addition, my background as city planner, planning board member and city council member give him the familiarity with the land use decision making process AVAILABILITY I will be the sole provider of the Hearing Officer services f am a solo practitioner and my work schedule is very flexible The only potential conflicts might be dates when trials or hearings are set The trial or hearing settings are done weeks or months in advance I presently average one or two hearings/trials a month I see no problems in scheduling hearings in Fort Collins Given the application requirements listed in the Land Use Code, there should be ample time to review staff recommendations prior to the hearing In addition, the Hearing Officer can take the matter under advisement and prepare the written order within 30 days Asa trial attorney, I prepare motions and proposed orders for court review The motions typically contain both arguments, analysis and applicability of certain case law The ability to draw parallels to precedent setting cases and fact patterns helps explain to the court a legal position COSTS AND WORK HOURS I've estimated the time and activities that would be typical in a hearing as follows "I he three phases are a) pre -hearing preparation_ b) hearing and c) post -hearing a Pre -hearing prepaiation activities (1 40 to 2 0 hours) Review staff memo summarizing application Review application Review applicable codes Piepare hearing notes in advance of bearing b Hearing (2 0 to 3 0 hours) Instructions to parties City's summary of application City's recommendations City's oral testunony experls/witnesses/staff City's exhibit presentation/introduction Applicant's oral testimony experts/witnesses Applicant's exhibit presentation/introduction City's rebuttal Closing instructions to parties c Post -hearing (2 0 to 3 0 hours) Review testimony Review exhibits Review applicable codes Draft written orders ESTIMATED TIME Muumunm of 5 4 hours ESTIMATED COSTS $980 00 PER HEARING $180 00 PER HOUR FOR ADDITIONAL SERVICES CAPABILITY I believe my experience qualifies me for the Hearing Officer position As both a uty planner and attorney I am experienced in the preparation and review of land development iequests My resume which I mcorpoiate by reference. outlines the relevant work that I have performed for the past thirty years I look forwaid to discussing this position with you in greater detail REFERENCES Brett Berger 31 17 281h Street Boulder, CO 80301 303-641-4115 Robert Hoyle 651 Eldorado Blvd Apt 713 Broomfield_ CO 80021-9837 303-793-2990 Jean Lmdeke Members Trust 5495 Arapahoe Avenue Boulder, CO 80303 303-859-4506 Bid Form P1093 Hearing Officer- Land Use Planning $q/per hearing for six (6) hearings per year $ 8bt D6 /per hour for additional services COMPANY NAME F %�1bT 70lOD ST E D ESS 3D CITY- STATE ZIPCODE DATE 2/9/00 RICHARD V. LOPEZ LOPEZ LAW OFFICE 4450 Arapahoe Avenue Suite100 Boulder, Colorado 80303 (303) 415-2585 voice (303) 415-0932 fax rvlopez@aol.com email EDUCATION University of Colorado School of Law, BOuldel. C0101ado lures Doctor. Class of 1991, Umversidad de Derecho, Guanajuato, Mexico 1990 Admitted to Colorado (#21373) and United States District Court bars. 1992 Honors: 1995 Colorado Hispanic Bar Association Outstanding Young Lawyer, 1991 Gloi 1a Barron Wilderness Society Scholarship 1989. Hispanic Alumm Scholarship 1990. William O DeSOuchel Award 1990. Activities: Scuetary, Class of 1991, Piesident, Hispanic Law Students 1991 Cornell University, Ithaca. New York. College of Art, Architecture an planning, Department of Urban Planning and Development Couisewor6 completed, but thesis incomplete Honors: ASPO-Ford Foundation Fellow 1972-1974 California Polytechnic State University, San Luis Obispo, California, School of Archaccaue, Bachelor of Science Major: City and Regional Planning. 1972 EMPLOYMENT ATTORNEY, LOPEZ LAW OFFICE. Boulder, Colorado, July 1995 to present Sole piactrtioner specializing in civil litigation, family law, land use and development Neighbors fui a Toxic Free Community v Vulcan Materials Co First reported dcusion in the nation under the Emergency Planning provisions of the Emergency planning and Community Right -to - Know Act Company's failure to notify local agencies alter its rail car spill of hydrochloi is acid prompted the evacuation of200 families and opened the door to a citizen Ante by the icsidents Published at 964 f Supp 1448 (D Colo 1997) Annexations, subdivisions, site planning 1 DEPUTY MAYOR, CITY COUNCIL MEMBER, CITY OF BOULDER, Member of the Boulder City Council 1997-2001 Deputy Mayor 1998-99 ATTORNEY OF COUNSEL OF THE CONSULATE GENERAL OF MEXICO IN DENVER. Advisor to the Secretariat of Foreign Relations (Secretaria de Rclacioncs Exteriores) in Mexico City or the Consulate General of Mexico in Denver, regarding legal issues in which Mexican Nationals, companies and Institutions are involved July 2000 to present ASSOCIATE, KELLY/HAGLUND/GARNSEY & KAHN, Denver. Colorado, 1991 to tune, 1995 Civil litigation including Family Law JUDICIAL FELLOW, Colorado Supreme Court, Spring 1990 Reseatch and drafting of certiorari and opinions for Justice Erickson LAW CLERK, Land and Water Fund, Boulder, Colorado, 1990-1991 1 egal research. chaffing oflnemohandum on environmental. hazardous waste Issues LAW CLERK, French & Stone, P.C., Boulder, Colorado Spring 1989- 1990. Legal and planning research, drafting of memorandum Land use planning - SUMMER ASSOCIATE, Preston, Throgrimson, Ellis and Holman Anchorage, Alaska Summer 1989 Member of Oil Spill Litigation Team, State of Alaska v F_xxon Corp , Litigation iescarch and drafting of memorandum Assembled and Indexed "legislative histories" of laws violated in the Exxon Valdez- oil spill PRINCIPAL, Lopez Associates, Boulder, Colorado 1986-1988 1 opcz Associates was a nationally recognized minority business enterprise that specialized in solid waste management and energy management Project Manager foh the Denver Regional Council ofGovei nments Solid Waste'fask Force that Investigated solid waste disposal Issues The firm surveyed and Interviewed Colorado counties operating sanitary landfills to deter nme the range of Issues in meeting state and federal regulations SENIOR ANALYST, Spensley and Associates, Ltd., New Airport Development Office, Stapleton International Airport, Denver, Colorado 1985-1986 Identified key issues to be studied in the Environmental Assessment by conducting "scoping meetings" with citizens. interest groups and local Officials Prepared reports summarizing land use and transportation issues associated with the new Denver International Airport ENERGY, SOLID WASTE, AND BIKEWAYS COORDINATOR Boulder, County Public Worlis Department, Boulder, Colorado 1982-1985 Head of newly -organized division within the Public Works Department Managed energy, solid waste and bikeway activities of Bouldet County Developed aftcinatrve solid waste disposal methods including recycling, reprocessing and source reduction Assessed risk and feasibility of a $20 mullion dollar "waste -to -energy" facility Energy management responsibilities III(cluded updating ofresidential buildingeodes. development of a $100,000 energy conservation loan program and design of an Encigy Budgeting and Monitoring program for county -owned buildings Developed and implemented the Boulder County Bikeway Systems Plan PRINCIPAL, Creative Land Use, Boulder. Colorado 1976-1982 Sole proprietor ofa planning firm providing consultant services in energy and land use planning Involved in all aspects of the Boulder. Colorado Comprehensive Community Energy Management Program (CCLMP), fund by the U S Department of Energy and Argonne National Laboratory The Boulder CCLMP involved detailed studies of energy consunung characteristics in all land use sectors and estimating dollar savings and energy savings of various strategies The Abilene, Texas CCEMP was a state - funded second generation effort in community energy planning Both CCEMP's represented comprehensive efforts of local governments to manage and Influence energy consumption City Planning Palmdale, California. Updated the Geneial Plan by evaluating environmental and socio-economic impacts of land use changes in compliance with the Cahlornia krivironmental Quality Act Lakewood, Colorado. Reviewed and revised the land development process for -use by developers and staff Prepares site plans for residential and nn\ed use developments PLANNER, Department of Community Development, Boulder, Colorado 1974-76 Planner inchargcofdeveloping adatabase for aGrowth Management System and co-authored. with the Assistant City Attorney. a policy planning pet nut 3 system to comprehensively manage Boulder's growth Solicited capital improvement requests and prepared a six -year program Chaired an interdepartmental team that prepared environmental impact assessments for public and private developments PUBLICATIONS R V Lopez, Family Law, Herald Dispatch Newspaper & La Voz Newspaper, 1996 to 1998 Weekly column on family law Issues RV Lopez. "When The Water Died." Colorado Hispanic Law.Iournal 1993 (The impact ofthe Exxon Valdez Oil Spill on Native Subsistence Fishermen and Their Culture) R V Lopez. Regional Solid Waste Issues. Denver Regional Council of Governments. February 1987 R V Lopez, "Rehabilitating a Duplex," Fine Homebmlding No 26, April/May 1985 R V Lopez, Early Action Plan for Conservation and Management, Boulder County Energy Office, March 1983 RV Lopez. Boulder Comprehensive Energy Management Progiam Report of the First Year's Activities, Creative Land Use, May 1980 RV Lopez, "The United States Public -Sector Land Development - Results and Potentials," chapter in The Government Land Developers by Neal Alison Roberts, Lexington Books, D C Heath and Company, Lexington, Massachusetts and 'I oronto, 1977 COMMUNrrY SERVICE Boulder Community Hospital Board of Directors 2005 to present Chair Hospital Planning Committee 2007 The Denver Foundation. Chair Elect (2007), Ti ustee (2004 to present). Chair of Human Service Committee (2005). Civic and Education Committee Chair Expanding Nonprofit Inclusiveness Initiative (2007) Open Fnrolhncnt and Stratification Task force, Co -Chan Boulder Valley School DisWct (2004 to present) 0